unless they are in the situation. you must be sure the robber won't shoot. >> you agreed with b dazzler. you don't know. >> until i was in the situation, i don't know what i would do. >> you have a great day. "fox & friends" starts right now. >> bye. good morning. it is tuesday, november 5. i'm elisabeth hasselbeck. we begin with a fox news alert. a gunman opens fire at the country's second largest mall. overnight the manhunt coming to an end. we've got the late-breaking details. >> the president promised if you like your health care plan, you can keep it. we know that's not true but it doesn't stop there. more dishonesty from the white house coming up. >> just because you are a 300 pound nfl player does not mean -- doesn't mean you are too big to be bullied. the nfl hazing story that paints a troubling twist. "fox & friends" starts right now. >> hi everyone. this is olivia newton john

and you're watching "fox & friends." >> thank you very much, olivia newton john. i drove by this this morning. this happened at my mall. let's start with a fox news alert. a gunman who opened fire inside a new jersey mall is dead. his body found hours after firing shots inside one of the largest malls in america. ainsley earhardt joins us with the latest. >> reporter: a very popular mall especially for us in new york that don't have a mall in the city so we go to your neck of the woods. paramus police identifying him as richard shoop, a 20-year-old restaurant worker. officials say he killed himself. the incident began moments before the mall was supposed to close after 9 p.m. witnesses say he walked through the mall carrying a rifle wearing full tactical gear.

while police say he fired off only one shot, witnesses say he fired five shots into the air even taking out security cameras. new cell phone video posted on youtube of the moments before the mall went on lockdown. officers walked past businesses telling mall workers to get out. >> like you see on tv all the time but the real deal. >> come on! >> no one was hurt and the nearly 100 people under lockdown in the mall have now been released. an investigation is underway to determine what led shoop to open fire. >> he does have a history of drug use and drug abuse, but we do believe that the main motive for what he did tonight was suicide. >> police say the mall will be closed today as the investigation continues. back to you guys down in the studio. we were told by a reporter -- we were talking to a live reporter during our show. she said the body is still there inside the mall, and

we'll continue to keep you posted. >> inside the garden state mall in paramus, new jersey. thank you very much. troubling. >> sure is. you hear people tweeting and you read it through the feed last night, and it was certainly interesting to have an inside look at something that could have been even more tragic. >> when we went to bed, we did not know the answer. this morning we know what happened. let's talk about what's happening with obamacare. it seems suddenly the white house press corps is waking up to the fact that it's not going smoothly, that you can't log on, once you get the program people don't seem to be happy. how do i get that? not by listening to ed henry, but to somebody else. >> the question of jonathan carl of jay carney who was absolutely snitty yesterday. that exchange we're about to see was prompted by this. 21 days into this computer

meltdown known as obamacare, the president of the united states had it up to here, was sick of people complaining about the website doesn't work. he came out and he said we have other ways that you can sign up. here's the president from october 21. >> the number of people who visited the site has been overwhelming, which is aggravated some of these underlying problems. i want the cash registers to work. i want the checkout lines to be smooth. the product -- the health insurance -- is good. the prices are good. it is a good deal. once you get on the phone with a trained representative, it usually takes about 25 minutes for an individual to apply for coverage. the phone number for these call centers is 1-800-318-2596. i want to repeat that. 1-800-318-2596. >> there you've got the president saying the website's all screwed up so use the phone or you could

use the mail, and it will be much faster. >> or you can put a note in a bottle and throw it in a river and hopefully it will get there. the problem is they're saying that initial portal is bypassed by using the paper. doesn't everything funnel in the same computer system if they have to enter security info and income and tax bracket. we're now in a situation where they're saying sure, the first level is not working but the second one, that's not working either. it was an exchange. >> fast forward to the white house and then you have jonathan carl asking jay carney what i think is a logical question. and instead of being humble and being conciliatory, he got arrogant. >> did the president know the very same problems would be facing consumers when they called on the phone when he said they could apply in 25 minutes? >> as you know, the answer is yes, as was reported widely at the time. the whole point was to beef

up the calling centers to give the american people who are looking for information a way to avoid some of the frustrations they were having on-line. >> you said you can bypass the website and apply by phone or in person and it can be done in 25 minutes. these memos say at the end of the day we're stuck in the same queue because we have to go through the same portal. >> i get it. the person who calls isn't the one who has to wait after the paper application is filled. >> your mocking is entertaining but the president said you can apply in 25 minutes. that is not true. >> the point was to relieve some of the frustration that americans were understandably experiencing. >> you don't do that by telling an untruth. or is the president that out of touch? what do you mean to relieve some of the pressure? as you said earlier, you're still taking that phone call and putting it on-line into the system, so there's still that fundamental problem. does he not understand the frustration people feel all around and the frustration that democrats are feeling? on top of that you have an article today in the l.a. times that talks about is

the president really that out of touch? what happened to the guy that was walking around with an ipad and having a blackberry being on top of things? is he just not interested in managing his own government? >> the expectation is clearly being lowered. it's sinking here. the white house press secretary now resorting to, as some would say mocking, asking a decent question about a system that we've been asked to go into. is the president saying the actual thing that was aggravating the system that we hear is working, while we can't figure it out for ourselves, what's aggravating it? the american people calling in and trying to get on-line are aggravating the system? >> the white house is in a ditch right now. the news came out from the associated press overnight that now 3.5 million americans have gotten the bad news in the mail, you have been canceled. and so people are -- in fact, there is a democrat senator from indiana, joe

donnelly in a closed door meeting i think two days ago who said by the way, my son just got the cancellation notice. the chief of staff of the white house said the president referred to the fact that some of these people can sign up for medicaid and there will be subsidies and all sorts of stuff. but it doesn't help the people who have gotten the news that they're no longer covered, which is the case in -- once again back to my home state of new jersey -- for years now if you go to community college, it is an opportunity where if you do not have health insurance or your parents' plan, the schools would extend to you kind of a low-rate insurance policy. >> a basic policy. >> basic that is appropriate to a college-age student. the problem is, these students are finding out now they can't buy the low-cost health insurance at their schools because of obamacare. >> it is prohibited. >> they don't provide all the bells and whistles maybe someone else would need. those policies don't meet the standard of the

administration. therefore students like alex mctagger sp*t majoring in computer science is now left with something. >> more than a thousand dollars per student would have been the cost according to this union county community college. so the vice president says i can't offer it anymore. it's not going to be cost effective. if i offer it i'm going to have to pass the cost to the students. it's no longer cheap and no longer valid because the administration feels a bare bones policy for a junior college kid would not be sufficient in their mind. >> keep in mind, according to the affordable care act children can be on their parents' policies until the age of 26. but there are a lot of parents who cannot pay for their kids to be on their own policy. and so what they do is as soon as they're out of the house, okay, you're in college i'm going to just cover your mother and me. now all these college kids are out there in new

jersey, and according to the affordable care act, they've got to get coverage. but because the schools doesn't offer it because it would be cost prohibitive and their parents don't have it, they are in a pickle. what's troubling for them, a lot of them were going we were barack obama's biggest supporters. we believed in the hope and the change. now we're a little screwed. >> maybe they can bubble wrap themselves, not go outside and not get sick. >> this is an example of a poor transition 0 out of a health care system that was working for these students, apparently by their own words, and to be able to have this issue right now where the university is forced to give an education in helping their students seems to be upsetting to many. >> that's a poor transition. what about a good transition to heather nauert. >> good morning. how's everybody doing? >> great. >> brian, big day for you today. >> it's official out today. >> we can run to the store.

>> we can buy it on-line. >> at the bottom of the hour we do a comprehensive package. >> wait till you see it. look forward to hearing more about it. it sounds terrific. we've got other news we're following today. that is election day. voters heading to the polls across the country. but we're focusing on two races we're following closely today. in new jersey governor chris christie urging supporters not to be too confident, encouraging them to still get to the polls as he runs for a second terp. polls showing christie with a 20 point lead over his point, democrat, barbara buono. >> i'm used to overcoming obstacles in my life and defying the odds. >> we're going to work hard. >> steve, you better get out to vote today. let's talk about the state of virginia. the governor of virginia -- rather it's the race for governor of virginia. state attorney general ken cuccinelli is trying to overcome a deficit in the polls against democrat terry mcauliffe.

both sides put obamacare front and center. >> to send them a message that we say no to obamacare, i need your vote tomorrow. >> we know the issues. you've all heard me speak many, many times. i'm going to be there and fight for you as governor. >> both camps getting big support from washington. senator marco rubio stumping for cuccinelli as president obama and joe biden stump for mcauliffe. take a look at a tarmac in montreal. passengers on board a morrocan airline closed to climb out an emergency exit. five were taken to the hospital. others treated for smoke inhalation. flak friday sales day -- black friday sales debuting earlier than others at k-mart stores across the country. opening its stores on 6 a.m. on thanksgiving before a lot of families even

thinking about breakfast that day. this trend for an earlier opening time started last month when kohl's and macy's made their announcements they are calling in their staff to work on thanksgiving. what a but remember -- what a bummer for their families. i know businesses like it but thanksgiving is thanksgiving. >> the affordable care act not so affordable and our next guest says it will raise individual premiums by more than 40%. >> one of the most prominent republican presidents in our nation's history, so which university just made abraham lincoln a democrat? ♪ ♪

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well,ed affordable care act not so affordable. a new analysis taking a hard look at the individual market premiums in each state. so what is it going to cost you and which states are the biggest winners and losers under the law. here to break down the data is a senior fellow at the manhattan institute for policy research, the organization behind the analysis. good morning to you. >> good morning. how are you? >> doing okay but i'm glad i don't live in the state of nevada. let's take a look at some of the biggest losers. if you are in nevada, your average premium is going to go up 179%. new mexico, 142%. and north carolina, 136%. how come so high? >> it varies widely among the states. but typically speaking what we're seeing is the states that already had heavily regulated insurance markets before obamacare which is

typically northeastern states like new york and new jersey, they're not seeing increases. they're seeing decreases under obamacare because obama has an individual mandate that forces people to sign up. in states with lightly regulated markets like obamacare they're seeing this one size fits all effect where they're seeing a huge jump in regulation and thereby the cost. >> people are saying i'm glad we don't live in nevada because it went up like a moon shot. according to your analysis, the average increase in premiums -- there are the states you referred to where they were highly regulated and so there are savings. the average increase is 41% in the united states. >> obamacare is a war on bro's. young men are going to pay morrell alternative -- pay more relative to women. >> there is a story today

had that says the number of people who have enrolled is small. in kentucky and connecticut the average age is 55. they wanted the average age closer to 40. >> that dove tails with which a our analysis shows. older people are incentivized to sign up for obamacare because their insurance is heavily subsidized by younger people and taxpayers in a way that isn't for others. >> what do you think about what the president said last night in a rally for o.f.a. and his supporters. he said what we said all along is you can keep it if it hasn't changed since the law passed. >> that isn't what he said. what they said all along is if you like your insurance you can keep it. now he's trying to backtrack. i'm glad he's trying to backtrack because it is a more honest position to say if i like your plan, you can keep your plan because that is what the president's position is. >> you look at these numbers more than anybody. what's going to happen? >> premiums are going to go up for most people but not

for everyone. the key thing to understand is there are subsidies. the subsidies are going to kick in for people who are lower income and the elderly. lower income people and the elderly will sign up for coverage. healthy people won't. you'll see a two tiered system. older people and younger people will sign up and everyone else will stay out. >> let's see what happens. >> they may push the deadlines back. >> a number of republicans hope that's true. >> ovic roy, thanks for joining us. they are in the country illegally but soon may enjoy the same privileges as us. >> every police officers's worst nightmare, being shot in the line of duty. it didn't stop that

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welcome back. a texas police officer shot twice in the face during a routine traffic stop. >> shots fired. i'm hit. >> the extraordinary part, despite being wounded and bleeding from the face, this officer, a former marine and former boxer gets back in her car chasing the suspect and ults matily catching the shooting. >> that brave police officer joins us now from houston. thanks for being with us. this story was remarkable,

to watch this happen and see the footage. when you realized that you were shot, what was your first thought? >> it's happened. my first thought was it's happened. it's something that we all train to avoid happening, and we all hope to never have to face it. and it happened. that was my very first thought, it happened. i've been hit in the face. >> take us through the events of october 26. >> the way it started was i observed some activity that caught my attention. we do want to respect the fact that the investigation is an open investigation and i don't want to -- you know, compromise any integrity of that investigation. i observed some activity that caught my activity that caught my attention and contacted the vehicle to see if anything was needed or anything additional needed to be addressed. >> the amount of strength and bravery you displayed

was incredible. you get shot but you keep going. marine corps training, you've got mama bear instincts. is that what kicked in right there when you decided to pursue? >> yes. i absolutely think that is probably the main thing that kicked in was, yes, you know, we're in corps training. yes, civilian police training. my fight background, my competitive fight background. that all kicks in and i have no doubt. i have to say that mama bear kicked in. and it's kind of funny because that's what the the guys on my shift call me. they call me mama bear. that kind of kicked in. the protecter in me was awokened to a level of i can't even describe. >> these are the bad guys, involved in ms-13, we believe, a brutal gang. they shoot you in the face, in the chest. you take a pwhr*et in -- bullet in a bullet-proof

vest. you chase them 20 miles. you don't get them; right? >> i did chase them, yes. i chased them to an area that i knew we could create a perimeter around, establish a perimeter. at the time that we arrived in that area, i felt it was the safest for me to stand by and wait for my back up. the other agents arrived in full force. we had the sugar land police department, houston police department, all kinds of other agencies were there to show their support and help us capture these individuals that had done this to me. it was in no time that we had somebody in custody. >> you certainly don't have a victim's mentality, but we do want to know how you're feeling. also, i know you have a message for the suspects' family; correct? >> i'm feeling -- i'm feeling very overwhelmed by all of it. i think that the outpouring of love and support was really not expected. obviously when this happened that morning i

wasn't thinking that it would ever come to this as far as all the attention it's received. i certainly don't do this. my brothers and sisters in law enforcement, we don't do this so that we're recognized. quite frankly, it goes unrecognized a lot. but we do this just so we can protect people and make everybody feel safe. so i just feel overwhelmed and i also feel very humbled and appreciative of all of the love and support i've received and very proud to do this job, to be a marine and to be a law enforcement officer. as far as the message, i don't wraoely have a message -- i don't really have a message for the families of these three individuals. i wouldn't call it a message, but i have thought of them. i've thought of them often as i've thought of my own family and how it's affected us. i think it's a bad situation all the way around. i'm sure that there are so many people affected by this who really are very innocent in all of this. >> if you're a marine getting shot by the taliban, that is easy to process. the fact that gunmen and gangsters are shooting cops

in the street like you, that's unbelievable and it's got to stop. but your courage, i don't think can be replicated in most places. >> make no mistake about it, i'm not the only one out there fighting this fight. there are so many thousands and thousands of us doing it. please just know that we're all out there to do this for you guys. >> we appreciate it. ann, texas police officer extraordinaire. 31 minutes before the hour. they sacrifice for our freedom, now one of the soldiers kicked out of a cab. ♪

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>> i'm so sorry. >> i hate you! [crying] >> [inaudible] getting candy. >> that's not very good!

>> why did you do that? >> why are they laughing while children are crying? >> my heart is breaking. that little girl said i worked so hard for this candy. >> it turns out, elisabeth, it turns out for the third year in a row late-night show host jimmy kimmel famous halloween prank asking parents to use trick or treat on their kids and tell them they ate all their hard-earned candy. >> it's a prank. >> [crying] getting candy! >> he is mad. >> you can do a lot of things to your child but don't take their candy. >> you're not very kind! >> this is kind of what was playing out yesterday in the studio. heather nauert, you were talking about what to do with your kids' candy. >> i haven't taken my away yet. have you, elisabeth?

>> no. >> if you do, make sure you've got a camera on. heather, we're going to get to the news in just a minute, but right now was it just a prank? no. it sounds like it was a lot more than that. now the miami dolphins and the nfl investigating death threats and awful voice mail. >> jonathan martin of the dolphins said i'm not playing any more. rich incognito is the reason, a line man with a history of being not the best teammate. many people are wondering is this typical hazing. it went way over the line and is now a national story. >> allegedly the text messages left to martin, incognito was threatening. the dolphins suspended incognito but it raises the

question? bullying? is it extortion? there's also the accusation there was $15,000 paid to incognito to go on a trip. does this happen all the time? what responsibility does the coaching staff or ownership have over actions like this? what should be done ultimately? some argue martin leaving was the best thing he could have done. he was a nice guy out from stanford. he said i'm not going to stay here. you guys can suffer alone on the field if you're not going to protect me off the field. >> initially the story started as in the case with a lot of teams the rookies have to pay for the drinks of the senior members. you start to look at this particular case and on-line you can read the verbatim of one of the voice mails mr. incognito left for this kid. >> racial tones. >> i mean we're not going to talk about it on a family television show but it's extraordinarily over the line. now the nfl, it sound like

incognito is gone. >> it seems to be, the ultimate consequence indefinitely. that is a tough consequence for anyone who does this for a living and seems to be an appropriate one in the minds of many. he has gone on twitter to deny all of this. we're going to look at the culture of the nfl. you mentioned the rookies are responsible for paying and treating. >> kind of a hazing thing. >> where does that end? are they the a.t.m. for some of these veterans? >> incognito reportedly told nfl.com over the summer that he went through a lot, anger issues, substance abuse issues. says he's never been a choirboy. in 2009 he got in a verbal fight with his coach. does this go on typically in a locker room? they don't like to use the term hazing but even if you're a top rated rookie,

you've still got to break in. >> if your stats are good enough are you protected by the team even if your actions are not ethical? that is the question some people are raising. we want to know what you think. let us know on facebook. question of the day how should the miami dolphins have handled this player? >> should it have gone this far? is it possible for a head coach to know what's going on? >> there is an item in "usa today" this morning that says that his bad behavior goes back to 2002 when he was at nebraska. but they kept him around because he's talented. >> more on that later. in the meantime 22 minutes before the top of the hour. let's get over to heather nauert who's got news out of los angeles. >> good morning to you. an ordinary guy taking extraordinary action. one of the victims of the l.a.x. shooting rampage is now telling his story. you can see him right there.

tony grigsby, a t.s.a. officer who was shot in the foot. listen as he humbly describes his role. >> i'm just a regular person. i'm not here for no fame or no glory. i came to t.s.a. to protect people. people like my mother, she works at t.s.a. too. she's been there for six years. i'm nobody special. i'm a regular person. i just thought i had to do something at the particular time. >> the family of the suspected gunman, paul ciancia say they are shocked. accused of killing one person and wounding others. he could face the death penalty. the washington, d.c. city council votes to allow illegal immigrants to take a drivers license test and get a license. these licenses would be marked with a special label that reads not valid for federal purposes meaning they could be used to drive a car but not to board a plane. we'll keep you posted on that one. an absolutely unthinkable story coming

out of nashville this morning. one of our country's heroes was kicked out of a taxi cab for being a member of the military. listen. >> you're serving in the military? i said yes, sir, i am. he pulled over to the side of the road and told me to get out of the cab. i didn't ask no questions. i didn't want to cause a fight. >> allen pendley served in the kentucky national guard for six years. he says he was shocked when this happened. he's not the only one. the general manager of the taxi company says when he figures out who that driver is, that driver will be fired. we will keep an eye on this story. abraham lincoln, one of the country's most prominent republican presidents but not according to a plaque honoring him at northeastern illinois university. it lists the president as a democrat. it reads this building is dedicated to public service honoring the memory of abraham lincoln, democrat.

guess i need to go back to school, huh? those are your headlines. >> maybe that wasn't written by somebody in the history department. >> everybody wants to claim him. >> who knows anything about lincoln in illinois? >> illinois is on maria molina's map and so are 49 other states. >> good morning. good to see you. hello everyone. we are tracking a storm system that will be impacting parts of illinois and surrounding areas. we're looking at the possibility of up to eight inches of snow in sections of nebraska, so the storm system is exiting parts of the rockies moving eastward. we have a number of winter weather advisories anywhere from colorado into sections of wisconsin. minneapolis you are included in the winter weather advisory because you could be looking at several inches of snowfall later on today. south of nebraska heavy rain could produce flooding concerns in parts of oklahoma and arkansas. steve, elisabeth, brian,

over to you. >> coming up, 18 minutes before the top of the hour. a gunman opens fire at the country's second largest mall outside new york city and overnight the manhunt comes to an end. we've got the late-breaking details coming up. >> scary moments in the nfl when a coach collapses on the field. is stress the culprit? can you work yourself sick? dr. samadi here next with info you need to know. ♪ ♪ ♪ she's always had a playful side. and you love her for it. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently.

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i'm happy. (both) i'm happy. i'm happy. happy. happy. happy. happy. happy happy. i love logistics. save your coffee from the artificial stuff. ♪ switch to truvia. great tasting, zero-calorie sweetness... ...from the stevia leaf. welcome back. a fox news alert. the man who opened fire inside a jersey mall is dead. let's go to the reporter live at the paramus mall with the latest on this

story. thank you for being with us. what are you hearing now? >> good morning elisabeth and good morning everyone. a short time ago the body of 20-year-old richard shoop of teaneck, new jersey was removed from the garden state plaza mall. they removed the body and left a short time later. shoop walked into the mall around 9:20 last night just before closing. he was heavily armed. he had a modified rifle that looked like an ak-47. he was dressed in black looking ready to kill but only wanted to kill himself. he was found in a remote area of the mall under construction. police say he had a significant drug past, a user of heroin as well as mda, molly ecstasy. they say he also left some sort of note as well. a troubled person certainly. that's the latest from outside the paramus mall.

>> brian? >> thanks, elisabeth. scary moments in the nfl this weekend. houston head coach gary kubiak collapses on the field who reportedly suffered a mini stroke and is in the hospital until doctors determine what happened. the guy is 52 kwroers old. the denver coach went to the hospital for feeling dizzy while playing golf this weekend. can you work yourself sick? joining us is a team analyst dr. david samadi. doctor, this happens. football fans react but are you as a doctor shocked that a 52-year-old would have a mini stroke? >> young people can get off the plane and collapse and actually die. you want to be very cautious about this. what has happened over here either as a cause of

stress, dehydration, burned out and hard work, pushed himself to the point and passed out. fortunately he didn't lose consciousness. the ficomes to mind, rule out any heart attack. it was ruled out. it wasn't hyper glycemic or dropping of should go tkpwer. they are -- dropping of sugar. they are finding out this could be sign of stroke. >> there are people watching who have 18 hour days. they think they are doing the best they can for their family, stay ahead, keep the job they have or get a better one. what is your advice for them. >> i think everyone should relax a little bit. we talk about getting seven hours of sleep. that is critical. when you push yourself to three or four hours your tank is empty, that's when you get hyper glycemic. a couple of days he was complaining about lightheadedness. you know better than any of us. you can be your own doctor,

find you are not feeling well and slow down a little bit. this mini stroke is a warning sign. the light goes off and on before you lose whole electricity. this is a warning sign because 30% of the patients that have mini strokes are going to end up having a stroke so he needs to be under surveillance. they need to check carato i d arteries. fortunately for him they got to the hospital quickly and gave him chemicals so there won't be consequences. >> here's why a football coach's anxiety is much like people watching now. he's going through one of the most difficult seasons in the nfl. what is he trying to do? double down on your work. i can figure it out. i can make it better. >> you got it. stress can actually kill you. it is true. stress can affect your immune system, your whole body, any kind of mild infection can catch up with you and bring you down. he needs to step back and

take care of himself. >> if you're going through this right now and you're saying lightheadedness is one signal. what about tingling in the fingers? in case you get there and you have no idea whether somebody is having a stroke or not, it's called central drooping. slurry speech is another one. call 911 and get them to the doctor. >> dr. david samadi, important advice. straight ahead, one of the president's big initiatives, raising the minimum wage. >> in the wealthiest nation on earth, no one who works full time should have to live in poverty and raise the federal minimum wage to $9 an hour. >> but is that a good idea? is it even legal? judge napolitano used to wear a gown. he'll be joining us next.

he was a judge. >> big news from our friends, the cast of "duck dynasty." ♪ ♪ pain. once you feel it coming, it's almost too late. or is it? introducing new fast acting advil. a a fast acting advil. ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant

in his state of the union address, president obama urged lawmakers to raise the minimum wage. >> tonight let's declare that in the wealthiest nation on earth, no one who works full time should have to live in poverty and raise the federal minimum wage to $9 an hour. we should be able to get that done. >> joe likes that. >> today new jersey votes on raising minimum wage. it would be the fifth state to amend the constitution on the

issue and president obama plans to push an increase this week as well. but it is raising -- is raising it a good policy and is it legal? joining us to weigh in, judge andrew napolitano. >> good morning. >> good morning. >> pleasure to be with you. >> is this a right? >> no, it's not a right. a right is something that comes from our humanity, the right to free speech and free thought and travel and privacy. minimum wage is something the government uses to force employers to pay low end employees more than they're worth and actually results in putting people out of work. when the minimum wage goes up and employers are forced to pay entry level people more than they're worth, they higher fewer of them. the president says nobody who works full time should be below the poverty line. he's actually going to put more full-time people into below the poverty line 'cause he'll kick them out of work. if you and my fellow voters pass this and it looks like they will, that's going to result in

more unemployment. >> but what they coo is, what we're voting on in new jersey is amend the constitution so that it's in the constitution? >> that's very dangerous because economic times change, but the constitution is very, very difficult and slow to change. so you may very well have the fundamental law of the land, the constitution of the state of new jersey, which cannot be tampered with by the courts or legislature, only by the people once a year in november. dictating to employers what they have to pay their employees and when the employees are not worth that much money, they're going to be out of a job. and when economic times change and they want to change that number, it's going to be impossible to change it for a year. >> you need to get to new jersey and vote. i voted three times. >> i'm going back this morning to vote and i'm voting against this. >> thank you. >> a pleasure. >> how much is too much to pay for a cocktail? this one will set you back ten grand. we're going to reveal the

expensive ingredients in the next hour. >> plus, i think you get cuff links. >> plus, country music's biggest night happening tomorrow and you'll find that guy there, country superstar big kenny of "big and rich" here live. ♪ ♪ we have some to spare. oh, you have any of those homeowners discounts? here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth at to do with. now that's progressive. [ ding ] i sense you've overpacked, your stomach. try pepto to-go. it's pepto-bismol that fits in your pocket. relief can be yours, but your peanuts... are mine. ♪ there's nothing like being your own boss!

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ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. good morning. it's tuesday, november 5. i'm elisabeth hasselbeck. a fox news alert. while you were sleeping, the manhunt is over. a gunman who opened fire at one of the country's largest malls is dead. what police are saying about his motive. we have the breaking details. then forget scare in the air. one plane bursting into flames while still on the tarmac, sending passengers running for their lives. and the guys from the hit show "duck dynasty" spending this thanksgiving a long way from the dinner table in louisiana. find out where they're going to be as you sit right down and we serve you up "fox & friends" hour two for this tuesday. >> everybody, this is big kenny.

you're watching "fox & friends" and love everybody. yes! >> and big kenny is in the green room right now. big doings tomorrow night with country music. >> we know a lot of you love country music and i'm the newest. i listen to the highway now. >> isn't that great? >> it's great. they took off wsix. i don't know what happened. it's hard to keep up with sirius. steve, you knew about this. we were all watching this last night. fox news alert breaking news, the gunman who opened fire inside a new jersey mall dead. his body found hours after firing shots inside one of the country's largest mall. >> ainsley earhart joins us with the latest live. good morning. >> good morning to all of you. paramus police identify him as richard shoop, a 20-year-old restaurant worker from new jersey. moments ago, his body was taken away in a hearst. police found him dead in a nonpublic area in the back of the mall. they say that he killed himself.

the incident began minutes before the mall was supposed to close last night after 9 p.m witnesses say he was just walking through the mall carrying what looked to be a rifle and wearing all black. witnesses tell police that he fired five shots into the air, even taking out some of the security cameras. meanwhile, we have new cell phone video posted on youtube of the moments before the mall went on lockdown. officers walked past businesses, telling all the mall workers to get out. >> like you see on tv all the time, but the real deal. let's go. >> no one was injured. the nearly 100 people under lockdown in that mall have been released. now an investigation is underway to determine what led him to open fire. >> he does have a history of drug use and drug abuse, but we do believe that the main motive for what he did tonight was suicide.

>> reporter: police say the mall will be closed today as this investigation continues. steve, brian, elisabeth, happening so close to home. we saw this happen in nairobi and now here at home in the u.s. a mall shooting. >> that's my mall. that's the mall we go to. >> and many of us in new york do 'cause we don't have a mall in the city, so we like to go there to shop. >> crazy stuff. >> thank you. >> on a lighter note, obamacare. >> yes. the good news is overnight they figured a way to fix the web site and everything is fine. no, i'm kidding! it's still screwed up. >> they got to the end of the month. >> they did. the president of the united states famously, as we know, somebody counted. he said it 29 times. it seems like hundreds when you count his surrogate and other people where he said if you like your healthcare, you can keep it. if you like your doctor, you can keep him. if you like your plan, you can keep it. now because we know that it's simply a lie, that four pinocchios from the "washington post," although it was just misspeaking, according to the

"new york times," last night at ofa organizing for america, the president's most ardent supporters, he took the stage and you know what? he's now calibrating what he has said. he does blame the insurers, but now he's got some more fine print in his message. >> if you have or had one of these plans before the affordable care act came into law, and you really liked that plan, what we said was you could keep it if it hasn't changed since the law has passed. so we wrote into the affordable care act, you're grandfathered in on that plan. but if the insurance company changes it, then what we're saying is they've got to change it to a higher standard. they've got to make it better. they've got to improve the quality of the plan they're selling. that's part of the promise that we made, too. >> you know what? he said what we said was you

could keep it if it hasn't changed since the law has passed. julie pace was on with bret baier last night, she's the white house cor suspendent for the associated press. she said they never said that. said, it might have been in the law, but they never said it. so now it looks like another misstatement. >> yeah. so 29 times we heard it another way apparently. something so simple, it sure has to have a lot of reexplaining going on and joe trippi says hang on a minute, not so fast with this spin. take a listen. >> look, they're trying to spin their way out of this and that's, i think, a mistake. the only spin is total transparency, telling -- again, they should be in a campaign to get 7 million people signed up. if it's 100,000 people and that's all it is right now, we need 6.9 million more. >> and beyond. >> that's another democrat that's come forward. you have at least ten senators in the senate who, many of which are on the docket in red states

saying you got to be kidding me with this rollout. that statement right there is the biggest insult that's come out of the white house since president obama took office. he is counting on you not paying attention enough to think that he actually meant if the plan hasn't changed, if he had added that, game on against mitt romney. if he had added that and got into details obamacare, it would even less popular than it is right now. he has to admit he should have been more transparent earlier and then hope people are very forgiving. but here is the difference, when you talk about the syrian and israel policy, different motivations and spreading the wealth around, this hits every kitchen table. so this is really -- people feel burned right now. then when he adds that addendum to his statement and pretends as if he said it all along, like we weren't paying attention, that is beyond the pale of arrogance. >> remember when cinderella when the stepmother said you can go to the ball if you get all this work done and makes it

impossible so the if -- >> i give her credit because she told cinderella exactly what she needed. >> so even she was more honest. that's the moral of this story. >> yes. >> also, so why is it that the main stream media are finally waking up to this? you look at this and clearly the white house has lied to us in the past, clearly. but you look at benghazi and clearly the white house lied. yeah, you know, it's a video. that's what those al-qaeda guys were doing there. they didn't say any of that stuff. you look at the myriad of -- look at the explanations for the nsa and look at the explanations for the irs and doj. what they have banked on in that building in the past is that the mainstream media, the white house press corps would be compliant. people are waking up. the white house clearly lied to america to get this thing jammed through and people are steamed. >> the web site is a debauchle. >> we're not over the web site. >> now we're focusing on the plan. can you imagine when the

corporate mandate comes in place then all of a sudden these corporations are going to go, i'm not insuring these people. and we have dave's bridal shop who says we're going to move our employees mostly due to part-time because of obamacare. they have shops all across the country. >> does your wife know you were at david's bridal? >> i was trying to find out about their health care. >> they're not the only corporation who has done this and this is well documented. because bunch of other companies have been making adjustments fearing obamacare and to prepare for it. >> at this point right now, 3.5 million americans have been dropped from their insurance policy. there is an item in the "wall street journal" today that talks a little bit about they've got to have the average age of the people in this affordable care act at about 40. right now in kentucky and in connecticut, it's 55. it's creating a dangerous risk pool where if everybody is at that age, the prices are going to be so high, there is going to

be this so-called death spiral. >> yeah. evidently young people try it. they don't get on and go to netflix. i'm not sure. hey, heather. >> good morning. got some headlines. voters headed to the polls across the country this election day. we're following two big governors races. in new jersey, governor chris christie encouraging voters to get to the voting booth as he runs for a second term against democrat barbara buono. >> i'm used to overcoming obstacles in my life and defying the odds. >> i'm not taking anything for granted. this is a key county for us and we're going to work really hard. >> all right. let's talk about virginia. in the race for governor there, republican state attorney general ken cuccinelli in a last minute push against mccalm live. both sides put obamacare front and center of their campaign. >> to send them a message that we say no to obamacare, i need your vote tomorrow. >> we know the issues, you've all heard me speak many, many

times. i'm going to be there and fight for you as governor. >> both camps getting support from washington. marco rubio stumping for cuccinelli and as president obama and biden push for mcauliffe. in montreal, look at this. passengers on board a mock rock cannes airliner, forced to slide down the emergency slide and climb out of an emergency exit after the luggage belt catches fire. five people were hurt and taken to the hospital. others treated for smoke inhalation. and a strong helping of duck at macy's thanksgiving parade this year. "duck dynasty" we're talking about. the show sensations will be among the celebrities who appear at the annual event in new york city. they'll join jimmy fallon and several other acts on the famous parade float, duck. my grandfather always went duck hunting and that's what we had for thanksgiving. duck and goose. >> and you had to watch out for the shots. >> the buck shot?

>> yeah. that happen to you, steve? >> yeah. >> we have a long tradition of going to king cullen and getting turkey. we go who is driving and flip a coin. >> steve and i are from more rural parts of america. >> we have lasagna. >> you have lasagna? >> i grew up in an italian household. and then a side of turkey. that's how it went. right? >> how did you celebrate? did you do something other than turkey? e-mail us. meanwhile n this 7:11 here in new york city. coming up, dozens of c.i.a. officers on the ground the night four americans were killed in benghazi. now a number of them are set to testify. so will we finally get the answers we've been waiting for? colonel oliver north reporting for duty next. >> he's got a brand-new book out. then it looks like something out of a movie. the amazing encounter with mother nature you have to see. in fact, you're beginning to see it. ♪

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there were nearly two dozen c.i.a. contractors and workers in benghazi the night the four americans were killed in that terrorist attack on september 11. so what happened and will we finally get some answers when some c.i.a. security officers go behind closed doors to explain what they know. joining us now is military analyst colonel oliver north. it sounds like in a couple of weeks, some of these guys are going to sit down behind closed doors and tell congress what they know. >> i've told every one of them that have come to me. >> you know them? >> i know of them. and i know others who know all the rest of them. and my advice is before you talk to me or the media, you see

congressman frank wolf 'cause you deserve whistle blower status. you don't want to be treated like edward snowden 'cause you're not an edward snowden. you need to go sit down with frank wolf. tell him all you need to know, all he needs to know 'cause he's been asking the questions, the only one requesting the questions, i point out -- asking the questions and now it's reckoning time i hope for this administration n this administration, as you know, has said look, one of the reasons we're not allowing these guys to go talk is because it's an ongoing investigation. that is a load. >> it's going to be their excuse all the way to the end of their days. their goal is to cover up this thing until well after obama left office. they've done all they can to avoid it. they've not put any of the perpetrators on the so-called rewards for justice program. there is no ongoing investigation trying to find these people. there is private citizens who are about to arrest al-libi as essentially a bounty operation and that's why they took him down. not in benghazi, but in tripoli.

he was wanted for 15 years. this is the kind of thing that goes on when you have an incompetent administration trying to cover up what they failed to do before, during, and then what they did afterwards. >> how many guys are out there who were eyewitnesses to what happened? >> almost two dozen who were actually eyewitness participants. >> so get them all to go to frank wolf and say, i want -- >> if you're watching, go to congressman from virginia, frank wolf, my congressman, by the way, who is the only one who cares what happens to you and wants to know the answers. he's got all the questions. >> all right. let's hope they take you up on that. let's talk about your new book called "american heros on the home front." >> the hearts of heros. >> these are heros. this is a beautiful book that tells the story about when they come home. >> pretty stark. it's very graphic in some parts. the american people need to know what these families have been through. we had to have special permission to go down and film

at camp lejeune while i was imbedded with the battalion overseas and they let the camera crews stay at camp lejeune while i was with the unit overseas. that was several years ago. we asked for permission to follow up on that and initially the answer was no. and then general joe dunford and his wife, who is a medical professional, he's the senior american into the commander in afghanistan. his wife, ellen, has been a big part of this project. they care. they care about these wounded guys. they care about their families. it seems not to cast igate our colleagues, but most of our colleagues forgot there is a war going on. >> occasionally i'll get an e-mail from somebody when we'll have somebody who has done something actually heroic on the program and i'll refer to them as an american hero. they go, yeah, you guys throw that term around way too loosely. >> classical definition is not someone who wear has spandex suit and cape or catch has pass in the end zone. the classical definition of a

hero a person who puts themselves at risk for the benefit of others. all these people who lost pieces of their body, had their minds and their families, are by that definition american heros. >> they certainly are. and the book is terrific. check it out. "american heros on the home front: the hearts of heros." >> the trilogy is available at olivernorth.com. >> my favorite web site after amazon. >> thank you. >> by the way, we were talking about benghazi. we'll have senator lindsey graham on in about an hour and some minutes from right now. 20 minutes after the top of the hour. think ten bucks is too much for a drink? how about $10,000 for a cocktail? there better be something special in there for such a steep price. we're going to reveal the ingredients and where you can get one of them, if you're crazy. plus, country's biggest night happening tomorrow and you'll find that guy right there. but right now he's here, country

superstar big kenny of big and rich live on the curvy couch. good morning, kenny. ♪ ♪ ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant

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23 minutes past the hour. time for news by the numbers. first, 34.3. that's the percentage of americans that don't want a job. economists studying the job market found that the number of the people who wanted jobs has been the decline since the early 1980s. next, $200 million. that's how much twitter may make in 2015 for investors. food for thought on those decide to go buy twitter shares. $10,000, that's how much the ono cocktail will cost at in las ve.

it comes with a men's sterling silver cuff link. steve, you were right. and women's 18 carat gold chain. >> and a hangover. meanwhile, this country music sensation has worked with superstars such as tim mcgraw, jason aldean and gretchen wilson. >> but big kenny is having his own success, the singing partner, vocal of the year. ve us a cma awards. preview of his acceptance speech. >> i like the sound of that. good morning. >> good morning to y'all. so awesome to be mirror here back in -- here in new york city. >> you're always so upbeat. how do you do it? >> i wake up. i drop to my knees and i thank god that i did it again. every time i catch my breath, i go, wow, it's happening.

>> so survival makes every day an a plus. >> survival makes every day an a plus. i've had a lot of close calls in my life. i am appreciative for the place that i am now. >> what a contagious smile you have. i know you're smile being a project you have coming up. this is called electric shine. so exciting. we're talking about it a little before we started. >> we're going with music another different way. john and i started the music, mafia, which was about breaking down the walls of prejudice in music. breaking down prejudice anywhere. so this time we're going okay, let's look at another approach. we bought a couple circus tents and been work over the past couple years of creating a new music style where we're smashing the best of country music, the organic banjos and fiddles and to edm and dance beat. what better thing than to put all of that, the show, in a circus. like taking a new york nightclub out into middle america. >> i love that.

>> everyone is in their big production, lasers, fog, all the craziness we can put in there and so then this turns into a big party, after party, after the festivals. it can sit places for three or four days. one works good, you take that, you create another show to go to europe and we just put more entertainment on the road. >> that is brilliant. why has it taken so long? >> well, it's a lot of hard work. to come up with brilliance, it doesn't necessarily happen overnight. >> you don't have to tell us about it. so it's called electro shine. >> how soon will it be wheeling up to people's towns? >> it will be wheeling up this coming year in 2014. we hope to hit 25 cities with it and it's first one. we've been experimenting with it as we played shows all over the world. we've been doing after parties with it and see how people respond to this kind of music and they love it. the thing, it seems like edm

hasn't had is it's primarily dj's. you don't see a lot of live players. so we take the best of country and melody and as those great instrumentalists and, of course, add some great things to it. >> that's giving back. what are the chances of them giving awe cma. what would it mean to get duo of the year? >> i would probably just completely lose it and celebrate. we've been nominated a dozen times. that's great, right? and it's awesome to just be considered to be put into that class of talent. in the list -- but you know, here is the great thing, win or lose, john and i always throw the best after parties. we're excited for whoever wins it. the last one we did, an award show, thompson square won duo.

we had them come to our after party as the winners. they played for us. >> that's awesome. >> thank you very much. good luck tomorrow night and give our best to john. >> thank you. thank you. it will be a great show. >> all right. tune in. we'll all be watching. 28 minutes after the top of the hour. coming up, a man comes face-to-face with an armed robber. but instead of backing down, he takes on the gunman with his only weapon. his bare hands. mono a mono, baby. then caught on camera, this amazing encounter with mother nature. the video you have got to see this morning. ♪ ♪ hi, i'm terry and i have diabetic nerve pain. it's hard to describe, because you have a numbness,

but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don'drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain.

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so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com of providing a free world-class education for anyone, anywhere. if you look at a khan academy video, they cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said, "we are really interested in making sure that everyone really understands personal finance." we're like, "well, we're already doing that." and so it was kind of a perfect match.

yesterday kenyan runner jeffrey muti took two hours and 8 minutes to win the new york city marathon. not to be outdone, i spent more than four hours on the couch watching a "duck dynasty" marathon. two hours and 8 minutes. >> might as well have taken a

car. >> i get tired driving. >> as much as i respect the winners, it's not about the winners. it's about those who run. the pedestrians who complete. >> and why they run. >> is that too deep? >> kind of. >> sorry. >> it's right up there. >> from the heart. if you're just waking up wondering what's been going on in the world of news, heather nauert has been talk being headline. >> i love it when brian gets deep. so profound. >> happens so often. >> extraordinary guy to tell you about, taking unbelievable action. one of the victims of the lax shooting ram beige is telling his story. tony grigsby is a tsa officer who was shot twice, including once in the foot as he helped an elderly man to safety. listen to him as he humbly describes his role. >> i'm just a regular person. i'm not here for no fame or no glory. i came to tsa to protect people, people like my mother.

i'm nobody special. i felt i had to do something at that particular time. >> the family of the suspected gunman says they are shocked and numbed by the events. ciancia is hospitalized in critical condition, accused of killing one person and wounding two others. he could face the death penalty. border patrol agents won't follow the government's recommendations to stop using deadly force against rock throwers and assailants long the mexican border. the feds pushing to end this practice after an unarmed man was killed by a stun gun back in 2010. authorities say that he was being combative, but the investigation is still ongoing. under current policy, agents can use deadly force if they believe their lives or the lives of others are in danger. caught on camera, a man coming face-to-face with a robber in a pennsylvania gas station. instead of handing over his money, he fights back. you can see him as he tackles the thief to the ground. and that is where he held the criminal until the police

arrived. the suspect is now facing federal charges. don't try that one at home. and mother nature at its finest. ferry passengers treat to do a repair sight, 1,000 white sided dolphins swimming nokes a boat in the canadian strait. they're known for performing large pods, but it's so unusual for so many to be spotted in the strait than more open waters. those are your headlines. >> all right. >> thank you. maria molina, we understand, is poised to give the weather. >> 45 in new york city. you factor in the breeze, and it feels cooler than that. that's what we're look at in terms of the wind chill, feels like 40 degrees when you head out the door and that's across parts of northeast. otherwise as we head farther west, we have a storm system that we're tracking and it is cold enough across parts of the midwest, parts of the rockies that we will be seeing that snow coming down. so we have a number of winter weather advisories in effect.

locally, up to eight inches of snow will be possible in sections of nebraska. generally speaking, three to five inches of snow, from northeastern colorado up into wisconsin. this storm is going to be a relatively quick mover. it will be in and gone by tomorrow. otherwise areas of rain across oklahoma, arkansas, and even into missouri. temperatures behind the storm, very chilly as we head out the door. that's a look at your current wind chill temperatures. ahead of the storm, relatively mild and here is a look at today's high temperatures. let's head back inside. >> all right. thank you very much. when general george washington was forced to retreat from new york city in 1776 because of the british may be taking over action many thought american revolution might soon be over. but instead, washington rallied thanks in large part to an unknown top secret group. >> a lot of people are asking with the book that's out today, what is it about this? so we went out in an effort to define a little bit about what the book brings you through and

not the original reporting, just to outline it. take a look. with nathan hale hanged, washington knew he could win the war unless he won new york back. so how would he do that? he formed a spy ring. he needed people that were loyal to him and yet unsuspecting to the british. where would go to get those people? to his right hand man, an officer, benjamin talmadge, who grew up in that very house and knew the area. and he knew he could be trusted and he also knew where to go first. abraham woodhall. this is where the woodhall farm was. it went on for acres and acres. this is where he grew up. to the british, abraham woodhall was a member of a farming family, uninterested, unaffiliated with the war as it went on. but to talmadge, he knew his childhood friend was much different than that. he knew he could be trusted.

this is where intelligence came in and intelligence came out. talking about troop movement, morale of the british troops. that all came to woodhall. he was so trustworthy that they became chief of the long island spies. so abraham woodhall and talmadge had the ring up and running, but they still needed something. they needed something to get them into british headquarters, behind enemy lines. that's what brought them here to oyster bay in new york to this home, home robert townsend. the british had taken over his house. they forced his entire family really into one room. and he had a cover story. he had a business in new york. he was a merchant. so he could function there. and he was motivated. he put those two together. he became junior in new york city. so this is where robert townsend worked. greenwich street, new york city, behind enemy lines as a merchant and a spy. it's also where he linked up with the ring's only female member, agent 355.

we don't know her name, but we know what she did. she penetrated the social circles. together they provided washington with invaluable intelligence, but they were not alone. this was the home of the royal gay greg. a loyalist newspaper. its printer, its editor, james refusington, at some point during the war, he became a patriot. he interviewed the british officers and soldiers and sent that information back to britain. he brought the intelligence to george washington, now picking up and dropping off that intelligence, another citizen spy. see this building behind me? over 200 years old. it's somebody's house right now. but once owned by austin rose. rose tavern, a thriving bar. he's a key member of the spy ring. when word got out that intelligence had to be picked up in manhattan, who better to go pick it up of that the owner of a bar who needs supplies? so he would get on his horse and go 55 miles through the british troops, on to a ferry, over to

robert townsend, pick up the intelligence or drop off the intelligence, get back on that horse, go back on the ferry, 55 miles again right to the water's edge, at which point he would hook with with brewster. locations like this one, right at the water's edge on the long island sound where brewster, who handled the sea travel, would hook up with austin rose, a spy that handled the land travel. now he also had a crew with him and a whale boat. on the front was a cannon. so he would get the intelligence and have to go 36 miles to connecticut where washington had a courier there. now, oftentimes he had to avoid british ships because the navy was essentially camped out on the long island sound. he'd have to often get intelligence from washington and bring it right back. this happened over and over again. brewster, terrell, over the course of four years. >> how did they function? the successes are mind blowing. because of that, you have little museums popping up all across

the country in tribute to what they did. they used numbers. instead of locations, they used codes. and the way they communicated, on pages like this, using invisible ink. the effectiveness of this ring would be so extraordinary that it would prompt one noted british major to conclude washington did not really outfight us. he simply outspied us. wow. >> so exciting. >> right. the director did an incredible job. we have original reporting that came together. here is what they did, some of the things they did, the french were about to be wiped out in rhode island. washington learned about it ahead of time. he was able to have a fake attack in new york, british stayed home of the he found out about benedict arnold from the woman who was about to give away west point, washington found out about it, they were able to stop that before he gave it away. the other thing they did was stop a counterfeiting ring. they were about to destroy the currency of the u.s. and found out about it. washington was able to print brand-new currency because of

the ring. we found out new news, about the battle of yorktown that will stun you. >> there is news breaking, it's revolutionary because if you think your kid is not interested in history, if you have to revolutionize how they think about it, it's so interesting to put the mystery in history. this is a great way, even for your young kids out there, to start reading and get excited about our nation. >> it got me mad that i grew up on long island and i knew nothing about this. so washington would have spies and they would write in invisible ink and then it would come to life and then washington saw it. this is basically what they did. instead of -- >> secret six. >> instead of pouring stain on it, we used a light. that's essentially when would happen. so they got caught, they would have an alibi. i just have a blank page, sir. >> this is your third book. i think it's your best. it's great. and if you like history, this is a story you probably have not heard before. so check it out.

"george washington, secret six" goes on sale today. congratulations. >> congratulations. >> thank you. >> now back to work. >> are more broken promises on the way from the white house? peter johnson, jr. here with the latest obamacare concerns and how it will impact you and your entire family. >> then how do you get stuck between two buildings for 36 hours? new details out about what that student was doing before the big fall. oh, boy. ♪ ♪

nowly released notes from the healthcare.gov meeting says the administration is concerned once the site is up and running, there will be fewerring ons to

promote consumer choice. additionally in some cases, there will be relatively high cost plans, end quote. why is obamacare failing to provide more options and better prices like it promised? fox news legal analyst peter johnson, jr. is joining us. >> this is really an important story. i'd ask that people listen to this 'cause we haven't talked about this before. rural americans are getting killed by obamacare. insurers among counties and federal exchanges in rural communities, only 20% -- 21% have one insurer. 37% have two insurers. so that means in those counties, 58% have only one or two insurers. so there is less competition and there is much higher prices. let's look at the monroe county example in florida. that's in the florida keys. two insurers. miami-dade county, right next door, seven. much higher rates in the keys.

then let's look at georgia, for example. in atlanta, four insurers. a monthly premium of $320 and change. in baker county, baker county, just one insurer, rural community, twice as much. $644. >> where is the choice and where is the freedom in that? >> there is no choice and no freedom. and the obama administration made a big deal they were improving health care and improving health care access in rural communities, a quarter of america, and they haven't. and six or eight states are taking the brunt of this big, big time. mississippi and alabama have but one insurer in most counties. in maine, nevada, north carolina and alaska, they're having the same types of problems. it's making costs higher. it's making people's options sometimes one, sometimes only blue cross, sometimes only some other insurer. so they say, there is your choice. pick one. and that's what americans are having to deal with in a lot of

these rural communities. >> some of these rural communities are some of the poorest. >> they are absolutely the poorest communities in america. they're underserved and don't leave it to me to make any correlation in terms of politics. we'll see how the politics worked out already. but it's incredible to me that when we have all this notion about equal protection, this notion about equalizing health care in america, that we've left behind people in rural communities in america who will pay more and have less choice. the federal government has tried with the creation of co-ops in 22 states to increase competition. when the federal government says that there is competition and just to have two choices? , you need three or more to create competition, to create more effective pricing, and to create the ability for people to access health care. rural americans are really paying the price for obamacare today, unfortunately. i'm afraid it's going to get

worse. especially when you see six or 200 people signing up on the second day. if that doesn't go into effect issues then a lot of insurers will say, i don't want to get involved with this. this is a mess. this is not economic for me. so we need to look at how we help rural americans, how we equalize things in this country. >> absolutely. instead of down playing this, as jay carney has. >> they haven't talked about it. they've lied about it, unfortunately. >> peter johnson, jr. >> good to see you. coming up, the nfl hazing story taking a troubling twist. the dolphins star accused of bullying his own teammate with death threats. we want to know how should the dolphins handle the nfl and this player? share your thoughts on facebook and we'll read them later on. are you looking for a job? stick around, cheryl casone up next with the top companies that are hiring right now. ♪ ♪ (knocking)

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economy creating fewer jobs than expected in september. how many times have we opened up a segment like that? that doesn't mean companies aren't hiring. cheryl casone has done the hard work for you from the "fox business" network and give us the four companies today that are hiring. >> this keeps me employed, the fact that there are so many looking for work out there. >> you have four companies. >> four companies. the first is intuit, they make turbo tax and quicken, the software programs, you do it yourselfers at home doing your tax. they are looking for 1500 folks.

500 are internships, but a lot of those can be full time and head into the company as well as a longer term job. customer care, software engineers. 400 of those and have specialty job, data scientists. they have great benefits and i always like to quote that. they've got medical, dental, also got gyms, hair cuts, massages. some other facilities have car washes. >> wow. pretty cool. the next one? >> a pharmaceutical company. big drug is actually a blood pressure medication. like their hot seller. a stock we follow on the business network. 1,000 jobs open right now. it's a swiss company, but they are really the top pharmaceutical company in the world right now. fortune just named them that. research and development, production, i.t., hr, and this is again a company that's got really great benefits and a global presence so do you traveling.

>> i 9 sports. >> remember soccer shots? the boy that came on and then got a job? this is the same type of thing. it's leagues being created, franchises that do their own sports leagues for kids. and this is great if you're coming out of school, you're not really ready to go to the business world, or you hate the business world and want to get out of it. they've got 375 new jobs right now over the next year. they're going to be opening up 33 new franchises across the country. you can be a program director, make 30 to 40 grand there, site managers, instructors, 12 to 18 per hour. you can open autopsy franchise if you're really passionate about sports. >> 200 openings. >> they're expanding. shops in israel, jordan, south africa, expanding in china. american made frozen yogurt going all overt world. >> good job. >> everything is on casoneexchange.com. which you haven't read yet.

>> i will. i promise. coming up, how secure is the heal care web site? is your personal information at risk? dare i say yes? you'll hear from a person who has been a victim firsthand [ horn honks ] [ passenger ] airport, please. what airline? united. [ indian accent ] which airline, sir? [ passenger ] united. whoa taxi! [ british accent ] what airline, then? [ passenger ] united. all right. [ spanish ] what airline? [ passenger ] united. ♪ [ mandarin ] which airline? [ passenger ] united. [ arabic ] which airline? [ passenger ] united.

[ italian ] where are we going? [ passenger ] united. [ male announcer ] more stinations than any other airline. [ thai ] which airline do you fly? [ passenger ] united. [ male announcer ] that's great, big world frieny. ♪ many cereals say they're good for your heart, but did you know ere's a cereal that's recommendedy doctors? it's post shredded wheat. recommended by nine out of ten doctors to help reduce the risk of heart dease. post shredded wheat is made with only one ingredient: one hundred percent whole grain wheat, with no added sugar or salt.

try adding fruit for more health benefits and more taste in your bowl. it's the ideal way to start your heart healthy day. try post shredded wheat. this has been medifacts for post shredded wheat. medicare open enrollment.at. of year again. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare [ camera shutter clicks ] now, that's cardworthy. [ n ] all right. here we go. ♪ cardworthy. [ female announcer ] this holiday season, visit shutterfly.com for all your cardworthy moments. shhhh! i have a col with this annoying runny nose.

[ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat that. it doesn't? [ male announcer ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh what a relief it is! good morning. today is tuesday, november 5. i'm elisabeth hasselbeck. we begin with a fox news alert. the hunt for the man who shot up a new jersey shopping mall now over. the gunman found dead. we are live with the breaking details. we already know if you like your insurance, you might not get to keep it. you know it now. but today the president is issuing kind of a correction unveiling the new sales pitch with the fine print for his health care overhaul. there is drunk and then there is steal a lama drunk. a group of teen-agers give party animal a whole new meaning and it doesn't end well. "fox & friends" we hope ends

well. it starts now. >> this is keyshawn johnson, you're watching "fox & friends." for all you giants fans, take off those sweat shirts. >> now, that's -- >> chris, are you wearing it? you have a shirt underneath? >> that's okay. >> chris, keep your shirt on. >> i like the sweatshirt. >> thank you very much for joining us on this very, very busy tuesday. let's get right to a fox news alert, breaking details overnight. gunman opens fire inside a new jersey mall just about ten-miles from new york city, found dead this morning. his body found hours after firing shots inside the garden state plaza. the number two mall in america. ainsley earhart joins us with the very latest. >> reporter: we were just seeing nordstrom. we don't have that in the city, that's where we all go to shop if we want to go to nordstrom and get the mall experience. it happened here.

paramus police identifying him as richard shoop, a 20-year-old restaurant worker from new jersey. police say officers found him dead in a nonpublic area in the back of that mall. they say that he killed himself. the incident began minutes before the mall was supposed to close last night at 9 p.m witnesses say that he was walking through the mall carrying what looked like a rifle and was wearing all black. witnesses tell police that he fired five shots into the air, even taking out some of the security cameras. >> when i noticed people running and screaming, that's when i was like what's going on? then we heard another gunshot. that's when everybody panicked. >> i had to go into the store shouting for the officers. >> no one was injured and nearly 100 people that were there under lockdown in the mall have now been released. now police are saying that they don't believe that shoop wanted to hurt anyone. >> he does have a history of drug use and drug abuse, but we

do believe that the main motive for what he did tonight was suicide. >> police say that the mall will be closed today as the investigation continues. back to you, elisabeth, brian and steve. >> thank you. all right. three minutes after the top of the hour. we discovered last week that the white house and the president been lying to us for years where he said if you like your healthcare, you can keep it. if you -- >> he's not telling the whole truth. >> they call it the misspeaking. he misspoke. >> "new york times" did. >> which wound up earning the president three pinocchios. last night in front of his most ardent supporters, organizing for america, we're going to play a sound bite for you. but we want you to pay attention. remember he said over and over, if you like it, you can keep it. if you like it, you can keep it. now he's going to amend that and say, what we said was you could keep it if it hasn't changed since the law passed. you can't do that, can you?

he did it last night. >> if you had or had one of these plans before the affordable care act came into law and you really liked that plan, what we said was you could keep it if it hasn't changed since the law passed. so we wrote into the affordable care act, you're grandfathered in on that plan. but if the insurance company changes it, then what we're saying is they've got to change it to a higher standard. they've got to make it better. they've got to improve the quality of the plan that they're selling. that's part of the promise that we made, too. >> not making it better. number two, it's more expensive. three, it looks like the deductibles are higher. four, please don't tell me you buy that explanation that he meant that the whole time. the past three years, they said it all along and he meant that. did we cut him off in editing? >> 29 times. >> i'm pretty sure i saw most of

those speeches live. >> 29 times people said he said it and how many more times when he was out campaigning. but to say, if you like your health care plan, you can keep it, period, again and again and again. and then now come in in the bottom of the ninth and say, hey, but if -- where was that but if all along? all of a sudden the american people are hearing, but if? it reeks of a lie. joe trippi, democrat, says you guys are trying to spin this. it's way out of control and you're not going to get away with this. take a listen. >> look, they're trying to spin their way out of this and that's, i think, a mistake. the only spin is total transparency, telling -- again, they should be in a campaign to get 7 million people signed up. if it's 100,000 people and that's all it is right now, we need 6.9 million more.

>> here is another big problem: we heard from mike rogers over the last week or so that they rolled this out on the first day of october even though it was not safe. in fact, here is a sound bite that's going to set up something that's going to shock you. watch. >> the real threats to these systems which you have nation states and organized crime groups and criminals trying to get information that is now available on these web sites. >> so here is the problem, the affordable care act web site not secure. you put all your private information in there, your financial stuff, you can put in your social security and stuff like that, it's not safe. >> he said that, cyber security expert and maybe the foremost in our country, he said that in a hearing last week. >> now we've got exhibit a. we're going to introduce to you a south carolina attorney, tom dugle. last month he went to healthcare.gov to see if he could find a cheaper policy for him and his wife.

he didn't wind up buying. but last friday he got a voice mail from a guy in north carolina by the name of justin hadley. justin said, hey, i put my user name and my password in and, tom, your information came up. all the private stuff came up in a pdf file. not supposed to happen. here is tom, the attorney. >> i didn't know if he was trying to fish for my personal information or if he really had my personal information. he provided that to me in an e-mail and he certainly had a document from hhs that had my name and address on it. i'm very concerned because if you go to the healthcare.gov web site, there is no system for reporting a security breach. any bank or any other secure on-line system, you can easily report potential security breaches. >> by the way -- >> go ahead. >> how does that not scream

complete violation? how does anything that is capable right now -- this system is capable of pushing your information out there against your will, a system that seems to be broken, but now a complete violation of your own privacy and security. >> expert also tell you, you can't patch it. you have to shut it down and do it right. they're trying to patch it. how can you ever feel secure logging on when it does work that your information is safe? >> why would you enter any information knowing that something like that could happen and the administration right now is saying, no, continue to try. send in paper. right it on a stone. throw it in. and tell us all of your info. >> then they log it in. >> they'll eventually log it in. why? so it can come out in complete violation? >> keep in mind, this is what happened to one guy and it was discovered by somebody in another state. and he was honest enough to call us and say, guess what's happening? this was completely by accident. just imagine if you're a

professional hacker or you're really good at that. >> or it falls into the wrong hands. >> absolutely! according to this particular guy, he said he had been reaching out to a south carolina delegation for help and they suggested as well to go to health and human services and health and human services said, yep. okay. we're aware of it. we'll put that on the punch list. go ahead and we'll get around to it. we'll fix it. that's kind of a deal breaker right there. >> who in their right behind would apply on-line if this could happen to you? >> i'll tell you who does. heather nauert. good morning. you have headlines for us. >> nine minutes after the hour. voters head to the polls across the country. it is election day. we're following two big gubernatorial races. in new jersey, governor chris christie is encouraging voters to head to the voting booth as he runs for a second term against democrat barbara buono. >> i'm used to overcoming obstacles in my life and defying the odds.

>> i'm not taking anything for granted. i want to make sure everybody gets out to vote. this is a key county for us and we're going to work really hard. >> in the race for governor of virginia, republican state attorney general ken cuccinelli in a last minute push against democrat mcauliffe. both sides put obamacare front and center. >> to send them a message that we say no to obamacare, i need your vote tomorrow. >> we know the issues. you've all heard me speak many, many times. i'm going to be there and fight for you as governor. >> both camps getting big support from washington. senator marco rubio stumping for cuccinelli and president obama and vice president joe biden pushing for mcauliffe. a fox news alert to bring you. this coming out of denver this morning. this is a story that we've been following all through the night. two teen-agers are now under arrest after they entered an empty school building armed with guns before they ransacked several classrooms. a bomb squad was called to the scene after janitors reported the break-in overnight.

the suspects surrendered without incident and are now being questioned by police. terrifying moments on a tarmac in montreal. take a look at this. passengers on board a moroccoan airliner forced to climb out of an emergency exit after the luggage belt catches fire. five people were hurt and taken to the hospital. others were treated for smoke inhalation. boy, how scary that would be. and remember that new york university student rescued from between two buildings. we have what may be a big surprise to you. he was drunk. he told police officers that he was drinking at a party shortly before falling 17 stories into that small space. it was just two feet wide. he was found sunday after about 36 hours. the 19-year-old still recovering at the hospital. he's got some broken bones. but he has his life. those are your headlines. >> how painful. >> since he was lit up, maybe that's he didn't feel it on the

way down. 17 stories. >> yeah. >> i'll see new a bit. >> thank you. coming up, four years after this gunman opened up fire on fort hood, it's still classified as a workplace shooting. a staff sergeant who was shot six times is disgusted and he's here live to explain why. meanwhile, jimmy kimmel is back at it again, encouraging parents to take the candy from their kids. it is funny, kinda, do you think? look. >> i'm so sorry. >> i hate you! >> it's all gone. (crying). >> it took two hours walking around the whole neighborhood getting candy!

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today marks four years since major nidal hasan screamed out allah akbar and opened fire at the fort hood military base in texas, killing 13 people and wounding nearly three dozen others. >> as you know, hasan has since been sentenced to death. many of his victims say that is not good enough. they're still waiting for the government to admit this was not workplace violence. it was an act of terror. then they might get the benefits that in our minds, they deserve. >> joining us now is one of the survivors of that shooting, retired army staff sergeant sean manning. thank you for joining us today. >> thank you for having me. >> okay. so it was four years ago today. sometimes it must feel like 20 years ago, sometimes it must feel like two weeks ago. >> yeah. yeah. amazing how long something like this sticks with you. >> any closure with the fact that he's convicted and he's sentenced to death? >> yeah. it was finally -- it was good to have that chapter of our lives

over with. it's been an emotional roller coaster waiting for the trial to start and be over and the anticipation of having to testify. >> absolutely. we can understand that. staff sergeant, tell us what happened to you that day. >> i was just getting ready to go on my third deployment, heading to afghanistan. i heard somebody yell allah akbar and i looked up and all of a sudden, he started firing, hasan started firing. immediately i was shot in the chest, my left chest. i went down to the ground and tried to crawl to get some cover. then hasan kept shooting me and shot me another five times as i was on the ground. i was able to make it behind some cover and eventually get out of the building and get to some help. >> after that, tell bus your rehab and what you're up to today. >> i went through several surgeries and removed several bullets from my abdomen and.

went through some physical therapy and was in intensive care for quite a while right after the shooting. eventually i made it back home from washington state. so eventually i went back home. eventually they discharged me from the military. that process took 2 1/2 years. >> i understand you think about this every day. not a day goes by. you're back work as a private for mental health on the private side. you also say one thing you wish happened. you wish this was tried in a federal court so you could -- so everyone would know his real motive. what do you mean? >> i mean one of the things i was disappointed in was the fact that his motives weren't brought to the attention of the court. he was a terrorist. hasan actually voiced his motives, said that he was there to kill soldiers that day to defend the taliban. so we unfortunate tried him in a

federal court. the army doesn't have any terrorism charges. i guess the most they can charge him with in the military is murder. i thought it would be more appropriate to highlight why he did what he did. >> sure. sean, technically it was still considered workplace violence because that's the way the department of justice in this administration decided to go at it. what's your message for the attorney general, eric holder, and that determination to go with workplace violence rather than terrorism, which it sure looks like to 99% of the country it is. >> yeah. it's time to stop playing games and stop having an i didn't agenda and do -- agenda and do the right thing. this classification hurt every single one of us in some way, shape or form. >> because your benefits are affected. >> yeah, that's correct. we're not considered wounded in combat because it wasn't a terrorist attack, which clearly

it was, even by hasan's own admission. >> we're glad that you are recovered and you are working now and we thank you very much for your service and for joining us today, staff sergeant sean manning, retired, joining us today from seattle. thank you very much. >> thank you for having me. >> hopefully it will get reclassified and they will get the benefits they deserve. coming up straight ahead. >> he is one of the most prominent republican presidents in our nation's history, or is he? look at that last line. the university that just turned abe lincoln into a democrat. we're going to reveal where. and you've heard of their brother, bruno mars. now bruno's sisters are stepping in the spotlight. elisabeth sits down with the lylas, coming up next. i'm angela, and i didn't think i could quit smoking

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some quick headlines for you now. hollywood couple tom hanks and rita wilson scammed out of hundreds of thousands of dollars. now the man who did it is paying up. insurance broker jerry goldman sentenced to 27 months in prison and order to pay back $840,000 in restitution. police say he inflated premiums by as much as 600% and created phony invoices. now he's got to pay the piper. black friday sales debuting earlier than ever at k-mart stores. stores will open at 6:00 o'clock in the morning on thanksgiving. the trend toward earlier opening times started last month when kohl's and macy's made the announcement.

they call staff in to work on thanksgiving. that's your news. now over to this. ♪ we love him, bruno mars is a multi platinum selling superstar and it turns out talent runs deep in that family. now his four sisters are aiming for a music career of their own. they're certainly talented. their quest for success is chronicled in the wetv reality show "the lylas." love you like a sister, listen to these ladies as they try to impress a prominent music producer. ♪ i think i might be going out of my mind ♪ ♪ you know i got to cut you loose ♪ >> nice. >> yeah.

>> they wrote that. >> i think they were safe -- safe to say, they were impressed. joining me are the lylas, jamie, tiara, tahiti and presley. how exciting. the show actually starts, debuts this friday. i want to let everyone know, 9:00 p.m. on we tv. your brother obviously has had such success. but this is a musical family. your parents were musicians. growing up in hawaii. what do you learn from him and what advice does he give you? >> from bruno? >> yeah. >> he gives us advice on everything. dating advice. >> what we shouldn't wear. >> they're too short, too low cut. >> do you listen? >> no. >> absolutely not. >> how fun. is anything off limits with this show? >> it started that way. >> before we started flipping, okay, look. this is off limits, don't say anything. and then all the walls went down as soon as the cameras went up. we're like okay. we let them in this much.

>> i know that you have two kids each? >> yeah. >> what's the limit there? are they involved in the show? >> you know what? that was kind of what i had to go through when we were going back and forth is leaving my kids behind. that's a huge story line for me is what i have to go through and what i'm still going through, going back and forth. >> we'll see that on friday, right, 'cause you're actually moving and starting this production and getting on the road? >> it's very dramatic. >> i'm glad you understand. >> are you a mom? >> i am. >> okay. >> we'll see that on friday for sure. by the way, my heart goes to you guys. i know that you lost your mom in june and that was sudden. bruno was really open. he actually came out. what would she have to say about the great things that are coming your way right now? >> she was really, really excited for us when we started filming this. we wanted the show to be about us moving from hawaii to pursue

our music career and she was like, it should be about our family and how close we are. we're like no! that's crazy! we don't want to do the show about that! and it ended up being that. it ended up showing how it brought us together. >> yeah. >> she is a big part of the show. >> the show should have been called bernadette and four other girls. she's so funny. >> looking back when we look back at what we did, it's like a gift. footage of our mom that moments with her that i might not have experienced. but you i get to. >> what great way to think about that. we'll be so glad to join you friday night watching this. >> thank you. >> certainly love to see your journey. our thoughts are with you. tell your brother we say hi. >> we will. >> the lylas, everybody. do not miss it, friday night. we're going to stay here on we tv. next up, who takes 300 pounds

nfl players are too big to be bullied. who knew this could happen in real life? >> there is a tiger in the bathroom! >> what's going on? >> a real life scene from "the hangover" when a group of trashed teen-agers stole a lama from the circus. that happened not in a movie. ♪ ♪ [ male announcer ] there will be more powerful storms. that's why there's new duracell quantum.

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♪ >> it's time for your shot of the morning. a group of trashed teen-agers in france stole a llama from a circus and it took a tour of the city with him. >> it's like weekend at bernie's with a llama. >> he ended up tied to the lamp post. the teens were arrested and the police say they won't be charged. alcohol was most definitely involved. >> how could you not be charged for steal ago llama? >> how do you steel a llama? let's start there. why and how?

don't they spit a lot? >> no. you say come here, llama, and then he goes with you. >> just like that. growing up, where i come from we wouldn't steal the llama, we would just tip it over. >> right. they don't sleep standing up. they collapse from exhaustion. >> i think they sleep standing up. >> heather, do you know? >> we did cow tipping. >> we did, too. >> that's a lot of tips. >> if you've seen a llama sleeping recently, tell us what it was doing. >> right, if you have been in a llama trouble, let us know. >> pretty punny. >> you are quick. >> they tried to get a zebra first. it wouldn't go with them. according to some articles i read. >> wait, there is more than one article that they were so drunk they stole a llama? >> right. so it decided to go along. they said they liberated it. >> why not the bearded lady?

>> 'cause it was from a circus. all right. i'll take it from here. okay. a mystery to tell you about taking place in mississippi. a family of three vanishes after a car wreck. the couple and their seven-year-old son were last seen driving in the their car on friday. their suv was then found overturned and burning in a ditch. a wallet and other belongings were found at a gas station in a dumpster. her mother says her daughter called her after midnight on daughter to say she suddenly to leave town for a couple of days. listen to this. >> i said, this late, this time of night? she said, well, something just came up. and i said, are you sure? is everything okay? are you all right? she said i'm okay. >> shortly after that, the phone went dead. she has not heard from her daughter since. we now know that gary kubiak suffered a mini stroke during half time at the game against the colts on sunday.

kubiak hunched over and then dropped to his knees at the 24-yard line. he was immediately surrounded by medical personnel. he is said to be alert, coherent and in good spirits at a local hospital where he's expected to stay at least one more night. a texas police officer shot in the face during a routine traffic stop. >> i'm hit! >> remember this story? this did not stop her from doing her job. the wounded and bleeding officer gets back into her car, chases the suspect, ultimately capturing the shooter. she has served in the marines, by the way. she spoke to us earlier on "fox & friends" about the chase. >> i have to say that mama bear kicked in and it's kind of funny 'cause that's what the guys on my shift call me, mama bear. that kind of kicked in with the protector in me, was awoken to a level of -- i can't even describe. >> she says she plans to return

to her job after she spends time with her husband and the kids. three men have now been charged with aggravated assault on an officer. and late night host jimmy kimmel at it again, pulling the famous halloween prank on unsuspecting little kids for a third year in a row. >> so sorry. >> i hate you! >> it's all gone. (crying). >> it took two hours walking around the whole neighborhood getting candy! >> that's not very good! >> why did you do that? it was halloween. >> poor little guys. kimmel asks parents to trick their kids, telling them that they ate all their hard earned halloween candy. as you can see, none of the children took it that well. yeah. neither would mine. elisabeth? >> no. you can't take all the candy, maybe one or two pieces at night. >> thank you. thanks to the internet, llamas

sleep in a kuched position. >> what did i tell you? >> but there was a mistake. >> what do you mean? >> cows sleep down. horses sleep standing up. >> who can you knock over? >> you can knock over a cow. >> you can knock over anybody. you have the strength of ten men. >> not maria. >> no. maria molina is outside. good morning. >> hi. good morning. thanks for the interesting fact this morning. >> any time. >> it's no science quiz, but it will have to do. >> science for tomorrow coming up. let's take a look at the weather conditions across the country. starting out across parts of the northeast, we are waking up to yet another chilly morning out here. temperatures into the 40s. then warming up into the 50s for many people along i-95 corridor. i want to take you farther west. across the center of the country, we have a storm system that's starting to organize and it will be a quick mover. this will be impacting the center of the country today. by tomorrow, it will be moving on out. we do have a number of winter

weather advisories in effect from parts of new mexico, colorado, up into wisconsin and some areas could pick up to about eight inches of snow. so that's pretty significant, especially for parts of nebraska. generally speaking, three to five inches expected. and we're also talking rain across parts of oklahoma, parts of missouri, and also arkansas. behind the storm, much cooler. look at your winter wind chill temperatures, in the 20s for many of you. ahead of the storm, staying on the mild side. let's head back inside. >> thank you very much. >> outside hard knocks, you haven't talked about the dolphins of late. they were featured two years ago on hbo. we got a chance to go inside their locker room. you didn't know about jonathan martin and incognito. he has been suspended indefinitely. >> screen left. >> and martin quit the team. >> he's screen right. >> it's all about bullying, hazing, you make the call to me, it's 100% out of line. >> there are multiple sources that confirmed a transcript

apparently of a voice message of incognito left for martin last year, including racial -- >> you can't read any of that on tv. >> there is none of it you can read out loud, it's so terrible if this is indeed what he wrote. also include has threat at the end, supposedly. but the coaches say they're not having it anymore. he's suspended indefinitely, incognito so. that's what we know. >> they charged $15,000 to go out and spend money for him. they said it was part of a ritual in the beginning. but the more you find out, he was absolutely harassed. >> we asked you what you thought should happen. eric says this is where it starts for the youth of our country. if he doesn't get punished for this, then what kind of message are we sending to the kids? >> that's right. robert said, when it's the kids, it's bullying. when it's adults, it's extortion. incognito should be charged and the dolphins sued. >> wow. i don't know about the dolphins sued. you do wonder if the coaches had any idea about this because you

have all these coaches, there are people everywhere. you have locker room people. you have other players. you wonder why someone didn't stop in before he quit the team. this guy has a history -- in 2004, when nebraska, off the field. he was suspended in 2009. he had a screaming match with the coach when he was with the rams. had a situation where he got a helmet thrown at him. he admitted he had substance abuse problems. >> let's see what the nfl and the dolphins do, probable will he not good for him. >> thanks for sending in your thoughts. it's now 18 minutes before the top of the hour. the white house silencing survivors of the benghazi terrorist attack. but our next guest is demanding to hear from them. the law maker reigniting the investigation, senator lindsey graham reporting for duty next. and he's one of the most prominent republican presidents in our nation's history. so which university just made abraham lincoln a democrat?

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now backed by allstate. what does that first spoonful taste likok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal. got quick headlines for you on this tuesday morning. abe happen lincoln is one of the country's most prominent republican presidents. but not according to the plaque honoring him at northeastern illinois university. it lists lincoln as a electricity. i got a feeling they're going to change it. a large helping of duck at the macy's thanksgiving day parade, or should i say "duck dynasty." the stars will be among the celebrities appearing at the annual event in new york city. >> he's a man who reignited the investigation into the benghazi

scandal. >> what's going on? he said, we're getting attacked. i said, how many? and he said, they're all over the compound. shocked. i didn't know what to say. i said, let's just keep fighting. i'm on my way. >> that was a british survivor. his reputation is under attack. who is trying to keep him quiet? >> the other survivors as well. senator lindsey graham joins us right now live. good morning to you, senator. >> good morning. >> all right. you were on this program last week and you said you were going to hold up any of the president's appointments until you got the opportunity to talk to some of these survivors. give us an update. >> we're making a little progress. the c.i.a. has allowed a few of the survivors to be interviewed, the contractors, working for the c.i.a. to be interviewed by the intelligence community. that's coming up. had a good discussion with the f.b.i. director. why do i want to talk about the survivors? there are six or seven department of state people at the consulate when it was attacked.

did they ever indicate to anyone that there was a protest? if the people on the ground never said there was a protest, they always called it a terrorist attack, where did the white house come up with this story about a protest? also i would like to talk with survivors, did they ever ask for help to reinforce the conflict before the attack and how many times did they ask for reinforcement that night? one thing i think america needs to hear is they believe that their government was going to come to help them when they were under attack. when they found out their government was not coming to their aid, how did they feel? we need to hear it from them. >> great. >> senator, you wrote a letter to the white house and they responded back on october 28th. what was their response? >> take a hike. i've written a letter to the president and secretary of state twice. all i want -- i'm not trying to solve a crime here. i'm trying to find out did the people on the ground during the attack ever say it was a protest? did they ask for security weeks

or months before the attack and who turned them down? how can i go to the families and tell them that i know the story of benghazi when we can't talk to the survivors? here is the big story of benghazi: how did hillary clinton and barak obama miss the rise of al-qaeda and libya when they were told constantly al-qaeda flags are flying over benghazi? how did this administration miss the fact that al-qaeda was coming back in libya and eventually kill four americans? >> learning more and more, the president is good at saying i don't know. i don't know what's worse, he really doesn't know or just saying he doesn't know. tell me what's significant about this guy who used a pseudo name in the washington post as he comes forward with a different version of the reality on the ground that night. >> this is huge. he was in charge of the libyan guard force and he said to "620 minutes" the guard force was ill equipped and not trained and they could not protect the consulate and he told people in the system that. he also said that the militia group that the state department was counting on to again the

consulate in case of an attack was infested with al-qaeda. so he really does destroy the narrative and creates an ominous scenario. he said he told that to people in the system, the americans, 'til he got tired of hearing himself talk. now, he also said he went to the compound and he found chris stevens' body at the hospital. the state department leaked an incident report to the "washington post" where there is no mention of him going to the compound or going to the hospital trying to impeach his story that they gave to "60 minutes." what the state department did not release is that he was interviewed by the f.b.i. on two separate occasions where he claims to have told the f.b.i. that he went to the compound, he found chris stevens' body at the hospital. this is a big deal. you can't use part of the file to impeach a person who is critical of the way you acted and with hole the rest. that's why i want all the information, because what they're doing here -- president obama said if you like your

policy, you can keep it. well, that turned out to be not true. they said there was a protest; not a terrorist attack. that turned out to be not true. this white house has a bad habit of telling stories that are not true that are politically beneficial. >> can you imagine if we knew all these things before the election? >> can you only imagine. this is very important. the idea that the congress cannot independently interview the witnesses after they've been interviewed by the executive branch is a bad precedent and that would stop oversight as we know it. we can't let this become the way you do business in the future. >> it sounds like finally some of the guys will be talking and that's good news. senator, keep on this. we thank you very much for joining us today. >> thank you. be prepared to be amazed. this canine knows 1,000 words and she's here to show off her skills. one of the world's smartest dogs joining us next. martha, what do you got coming up in ten minutes? >> we'll see you at the top of the hour. we've got a big morning coming up.

the president's health care administrator is going to be back under fire today on capitol hill. we'll take you there live as that gets unrolling. the holidays just around the corner and a shooting at one of our biggest malls. bill and i will see you at the top of the hour the rhythm of l. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.®

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it's dog week. >> it is dog week. with the vocabulary of a four-year-old child, the dog is redefining animal intelligence, being called the most scientifically important dog in more than a century. unreal! now we have pam here. she actually -- your dad trained chaser and this is just remarkable because chaser knows 1,000 words? >> she knows over -- good to see you. my father is john tilley. he's the owner and trainer of

chaser. they have a new book out "chaser, unlocking the genius of the dog." she has the largest language learning of any canine animal in the world. >> okay. in front of us there are about a dozen of chaser's toys. >> correct. >> each one of them has -- chaser knows where the hatchet is and the goose and stuff like that. what are you going to show us? >> she knows their names. so we could put these anywhere and she should be able to find them. chaser, stand. stand up. >> how old is chaser? >> she's nine. >> should we say a word? >> sure. why don't you ask her to find something, elisabeth. >> hi, chaser. chaser, can you find goos find ? oh, my! good job! >> unfortunately the goose is alive. >> oh, my. >> out, chaser. >> good girl, chaser.

>> chaser, curvy couch. it's not the actual couch. that's a toy. >> chaser, curvy couch, right now. do elisabeth. curvy couch, chaser. curvy couch. do it. right now. curvy couch. yeah, that's. to elisabeth. she met elisabeth yesterday. >> we have met. >> what you're saying is the trick is teaching a value to the words. >> yes. >> what did your dad do? >> it's interesting, brian, 'cause it's not a trick that she's learning. she's learning actual communication. >> we're going to talk about this when we continue. you're watching dog week on "fox & friends." >> but nothing like chaser. >> i need this for my kids!ay a more "fox & friends" moments away arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain and improve daily physical function so moving is easier.

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book. debt is going to ten us how you can train your dog to be as smart as chaser. >> the theory is, more in the after the show show. >> that's right. and the way chaser learned language -- >> more in a second. bill: a fox news alert. president obama rewriting his most memorable promise that was stated at least 29 times, whether americans can keep the health plains under obamacare. martha: you heard it over and over, both before and after the healthcare overhaul. >> if you like your healthcare plan, you will be able to keep our healthcare plan, period. if you like your doctor, you will be able to keep your